Bexar County DWI Lawyer

A DWI arrest in Bexar County sets off a legal process that moves on two separate tracks simultaneously: the criminal case in court, and the administrative proceeding with the Texas Department of Public Safety over your driver’s license. Most people who get pulled over on I-10 or Loop 410 late on a Friday night have no idea that they have only a narrow window to request a hearing to preserve their driving privileges. Miss that window, and the suspension becomes automatic. The Bexar County DWI lawyer you hire needs to understand both tracks, work both tracks, and move quickly on both.

San Antonio and the surrounding communities generate a significant volume of DWI arrests. The Texas Alcoholic Beverage Commission runs enforcement operations, Bexar County Sheriff’s deputies patrol unincorporated areas, and SAPD officers handle city streets. Each agency has its own protocols for stops, field sobriety testing, and breath or blood collection, and each of those protocols creates opportunities to challenge the state’s evidence. A charge filed today is not a conviction. The evidence that feels overwhelming at first often looks different after a thorough review.

The Law Offices of David C. Hardaway handles DWI defense across Bexar County and the broader Central Texas region. Our approach starts with the facts of your specific stop, the officer’s conduct, the testing procedures used, and the chain of custody for any chemical evidence, then builds from there. We do not treat DWI cases as routine, because the consequences are not routine.

What Sets The Law Offices of David C. Hardaway Apart in DWI Defense

David Hardaway and his team serve clients across a wide stretch of Central and South Texas, with regular appearances in district and county courts throughout the region, including Bexar County. Clients who have worked with the firm consistently describe the same things: direct communication, honest assessments, and real investment in the outcome. Karen S. said she could not find the words to express her gratitude. Jason K. had his case dismissed rather than accepting a conviction, which he credits to the team’s willingness to investigate and believe in him. Edward G. described a complex case resolved in his favor by someone who could “really make a difference.”

What those outcomes share is preparation. The firm’s practice covers the full range of DWI charges, from first-time arrests to felony-level cases involving prior convictions, accidents, child passengers, or intoxication assault. That scope matters in Bexar County, where prosecutors handle high caseloads and bring different levels of resources depending on how they classify the offense. An attorney who only handles misdemeanor DWI may be underprepared when a case gets elevated. The Law Offices of David C. Hardaway is prepared for both.

DWI Charges Filed in Bexar County Courts

• First-Offense DWI (Class B Misdemeanor): Charged when a driver’s blood alcohol concentration is between 0.08 and 0.14 and no aggravating factors are present; cases are handled in Bexar County’s misdemeanor courts, and penalties can include fines, license suspension, and mandatory DWI education programs.
• DWI with BAC of 0.15 or Higher (Class A Misdemeanor): Texas law elevates the charge when chemical testing shows a BAC at or above 0.15, increasing the potential jail exposure and creating a separate sentencing range that requires different strategic planning.
• Felony DWI (Third Offense or More): A third DWI in Texas is charged as a third-degree felony, prosecuted in Bexar County District Court, and carries the potential for a state prison sentence along with a lengthy license revocation period.
• DWI with Child Passenger: Transporting a child under 15 while intoxicated is a state jail felony regardless of prior history; this charge carries significant stigma and immigration consequences that require early, deliberate defense planning.
• Intoxication Assault: When a DWI results in serious bodily injury to another person, the charge becomes a third-degree felony under the Texas Penal Code, and the prosecution’s resources devoted to the case increase significantly.
• Intoxication Manslaughter: The most serious DWI-related charge in Texas, a second-degree felony when a person causes the death of another while intoxicated; these cases are prosecuted aggressively in Bexar County and demand experienced felony defense counsel.
• DWI with Open Container: Possession of an open container at the time of a DWI arrest converts what would otherwise be a Class B misdemeanor to a Class B with a minimum six-day jail term, a distinction that matters for plea negotiations.
• Commercial Driver DWI: CDL holders face a lower legal limit under Texas law and consequences that can end a commercial driving career, making early intervention critical to any defense strategy.

How Texas DWI Cases Actually Develop After an Arrest in San Antonio

After a DWI arrest in Bexar County, the case typically begins in county court at law for misdemeanor charges, or in one of the district courts for felony-level offenses. San Antonio sits in the center of Bexar County, and the Bexar County Justice Center at 300 Dolorosa Street is where most criminal proceedings are filed and managed. Arraignment happens within a set period after arrest, and the court will set conditions of bond that may include an ignition interlock requirement even before conviction.

The most critical early action is the ALR hearing request. Texas requires a driver to request an Administrative License Revocation hearing within 15 days of receiving notice of suspension, which usually comes at the time of arrest in the form of a Notice of Suspension given by the officer. If you do not request that hearing in time, the suspension takes effect automatically. At the ALR hearing, your attorney can cross-examine the arresting officer under oath, lock in testimony before trial, and challenge the basis for the stop or the administration of testing. Even if the hearing result is unfavorable, the information gathered is valuable for the criminal case.

One of the most common mistakes people make after a Bexar County DWI arrest is waiting to hire an attorney. Witnesses’ memories fade. Dashcam or bodycam footage may be retained only for a limited time unless a preservation request is made. The sooner defense counsel gets involved, the more complete the picture of what actually happened at the stop. Another mistake is submitting to additional questioning by officers or investigators after arrest without counsel present. Anything said can be used in the criminal proceeding, and the instinct to explain or cooperate often creates more problems than it solves.

If blood was drawn rather than a breath test administered, the sample goes to a crime laboratory for analysis. In Bexar County, the timeline for lab results can mean weeks before prosecutors receive the full chemical evidence. That window is not idle time. A DWI attorney serving Bexar County should be requesting discovery, reviewing the traffic stop circumstances, and identifying any procedural defects in the blood draw or testing process. Warrantless blood draws in particular have been the subject of significant litigation, and how the blood was obtained matters to whether it can be used against you.

The License Suspension Process and How It Connects to Your Criminal Case

Texas operates two parallel consequences after a DWI arrest. The criminal case determines guilt and criminal penalties. The administrative case, handled through the Texas Department of Public Safety’s Office of Safety Licenses and Permits, determines what happens to your ability to drive. These are separate proceedings with separate outcomes, but they interact in ways that affect overall defense strategy.

If you refused a breath or blood test at the time of arrest, the suspension period under the ALR process is longer than if you submitted to testing and the result was above the legal limit. That distinction affects how the ALR hearing is argued. An attorney handling your DWI defense in Bexar County should be managing the ALR process as part of the overall representation, not as an afterthought. Occupational driver’s licenses are available for people whose licenses are suspended, allowing driving for essential purposes such as work and school, but the application process requires meeting specific requirements and filing in the appropriate court.

Conviction on a DWI charge also carries an annual surcharge through the Texas Department of Public Safety’s Driver Responsibility Program. Those surcharges accumulate over multiple years and can be substantial, particularly for higher BAC convictions or repeat offenses. This is a financial consequence that operates entirely separately from fines imposed by the court, and it is one that many people are not warned about until after a plea has already been entered.

Questions People Search Before Hiring a Bexar County DWI Attorney

What happens at my first court appearance after a DWI arrest in Bexar County?

Your first appearance is typically an arraignment where the charge is formally read and you enter an initial plea. The court will also address bond conditions at this stage. Misdemeanor DWI cases are handled in Bexar County’s county courts at law. Felony charges go to district court. You do not need to make final decisions about your case at arraignment, and entering a not guilty plea preserves your options while the case develops.

Can the traffic stop itself be challenged in a Texas DWI case?

Yes. The Fourth Amendment requires that a law enforcement officer have reasonable suspicion of a traffic violation or criminal activity before making a stop. If the stop was pretextual or lacked adequate legal justification, evidence gathered from that stop, including field sobriety tests and chemical testing, can potentially be suppressed. Officers must also follow specific protocols during field sobriety testing, and departures from those standardized procedures can affect the reliability and admissibility of the results.

Is a DWI conviction in Bexar County eligible for expunction or non-disclosure in Texas?

A DWI conviction in Texas generally cannot be expunged. However, for certain first-time DWI cases involving a BAC under 0.15, a non-disclosure may be available after completion of deferred adjudication, subject to conditions set by the legislature. This is a nuanced and fact-specific area of law, and whether any relief is available depends heavily on the specific facts of the charge and how the case was resolved. An arrest that did not result in conviction may be eligible for expunction under separate rules.

What is the difference between a breath test and a blood test in Bexar County DWI cases, and which one is harder to fight?

Both can be challenged, but in different ways. Breath tests rely on the accuracy and calibration of the testing device and the proper administration of the test by the officer. Blood tests involve chain of custody, lab procedures, and the legal authority under which the blood was drawn, particularly when no warrant was obtained. Neither form of chemical evidence is bulletproof. Blood test results, despite appearing more scientific, have been successfully challenged in Texas courts based on laboratory error, contamination, and procedural defects.

Will a Bexar County DWI affect my professional license or security clearance?

For professionals licensed by the Texas Medical Board, State Bar of Texas, Texas Board of Nursing, or other licensing bodies, a DWI conviction can trigger mandatory reporting requirements and potential disciplinary proceedings separate from the criminal case. Federal security clearances can also be affected, particularly for military personnel stationed at Joint Base San Antonio or civilian government employees in the area. These collateral consequences are not theoretical, and they are a factor in how a defense strategy should be built from the beginning.

Can a DWI in Texas lead to immigration consequences?

For non-citizens, a DWI conviction in Bexar County can have serious immigration consequences depending on the specific charge, the sentence imposed, and the individual’s visa or residency status. Felony DWI charges and charges involving crimes of moral turpitude carry heightened risk. These consequences are entirely separate from the criminal penalties and are not within the criminal court’s control, which is why immigration implications should be discussed with defense counsel before any resolution is reached.

How long does a DWI case typically take to resolve in Bexar County courts?

Timelines vary depending on whether the charge is a misdemeanor or felony, whether blood work is involved, and the current backlog in the court where the case is filed. A straightforward misdemeanor case might resolve in several months. Cases involving blood evidence often take longer due to lab processing times. Felony cases, particularly those involving accidents or injuries, can extend well beyond a year. Pushing for an early resolution is not always in the client’s best interest, and experienced defense counsel will time the case progression strategically.

What happens if I refused the breath test at the time of arrest?

Refusal triggers an automatic longer suspension period under the ALR process than a failed test would, and prosecutors may argue consciousness of guilt at trial. However, refusal also means the state does not have direct chemical evidence of your BAC, which affects their burden at trial. Whether refusal helped or hurt your overall position depends on the specific facts of the stop and what other evidence was collected. This is a question worth discussing with a DWI attorney serving Bexar County at the earliest opportunity.

If I was involved in an accident while the DWI was alleged, does that change my exposure?

Significantly. A DWI that involves property damage alone may still be charged as a standard DWI, but an accident causing serious bodily injury can elevate the charge to intoxication assault, a third-degree felony. A death elevates it to intoxication manslaughter, a second-degree felony. In accident cases, law enforcement often obtains a warrant for a blood draw at the hospital, and the investigation is more thorough. Surveillance footage, witness interviews, accident reconstruction, and medical records all become part of the state’s case, making early defense intervention even more important.

Is it possible to get a DWI charge reduced to a lesser offense in Bexar County?

Reductions do occur in Texas DWI cases, particularly for first-time offenders when there are weaknesses in the state’s evidence or procedural issues with how the case was handled. Whether a reduction is available depends on the facts, the prosecutor assigned to the case, and the court. This is not something that happens automatically or simply because someone asks, and it requires preparation and negotiation by a defense attorney who understands how the Bexar County District Attorney’s office approaches DWI cases.

DWI Defense Representation Across Bexar County and Surrounding Communities

The Law Offices of David C. Hardaway represents clients facing DWI charges throughout Bexar County, including in San Antonio and its surrounding areas. Clients come to the firm from across the county, including the communities of Converse, Universal City, Schertz, Cibolo, Live Oak, Kirby, Leon Valley, Balcones Heights, Windcrest, Helotes, Shavano Park, Terrell Hills, Alamo Heights, Olmos Park, and Castle Hills. We also represent clients from unincorporated areas of Bexar County where Sheriff’s deputies handle enforcement, including areas along Highway 90, Highway 281, and the outer portions of Loop 1604.

Our Central Texas practice extends north from San Antonio through New Braunfels and into the Hays County communities of San Marcos, Kyle, and Buda. We handle cases east of I-35 in Seguin and Guadalupe County, and we have offices in Fredericksburg and Brenham that serve clients throughout the Hill Country and Washington County. Whether a client is a Bexar County resident or someone passing through San Antonio on I-10 or I-35 who was arrested during a trip, we are prepared to handle the case in the appropriate court.

Speak with a Bexar County DWI Attorney About Your Case

A DWI charge does not have to define what comes next. The evidence can be challenged, the process can be managed, and the outcome is not predetermined. The Law Offices of David C. Hardaway has handled DWI cases across Central and South Texas, including in Bexar County courts, and brings the same level of preparation and commitment to every client regardless of where along the spectrum the charge falls.

If you or someone close to you is facing a DWI charge in Bexar County or anywhere in the surrounding region, contact our office directly to schedule a confidential consultation with a Bexar County DWI attorney who will give you a straight assessment of where things stand and what can be done.